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Eskom Conversion Act, 2001 (Act No. 13 of 2001)

6. Memorandum and articles of association of Eskom

 

 

1) The Registrar of Companies, appointed in terms of section 7 of the Companies Act, must, on the date of conversion, register the memorandum and the articles of association of Eskom in terms of section 63(1) of the Companies Act, but no fee is payable in respect of such registration.

 

2) The memorandum and the articles of association of Eskom must be as determined by the Minister.

 

3) The Minister may publish such articles of association in the Gazette for public comment and must table them before Parliament.

 

4) The Minister must enter into a Shareholder compact with Eskom Holdings Limited.

 

5) When entering into the Shareholder compact as well as in determining the articles of association, the Minister must take into account the following:
a) The developmental role of Eskom Holdings Limited; and
b) the promotion of universal access to, and the provision of, affordable electricity, taking into account the cost of electricity, financial sustainability and the competitiveness of Eskom.